Steele, commissioners at odds

A dispute over Adair County payments to the Bruce Normile Juvenile Justice Center has led to legal haymakers being thrown by Second Circuit Judge Russell Steele and the Adair County commissioners, with the latter possibly facing contempt of court and confinement pending a ruling by the Missouri Court of Appeals.

According to filings in the Adair County Circuit Court and Western District Court of Appeals, the argument stems over the county's payments to cover the salary of Matt Holt, Court Services Administrator, and expenses related to maintenance and operation of the Bruce Normile Juvenile Justice Center and electrical work in the Adair County Circuit Clerk's office. Minus Holt's salary and benefits, which are not listed in either filing, the dispute centers over $2,068.23.

According to an order filed by Steele in circuit court, the Adair County President Commissioner Stan Pickens and Associate Commissioners Carson Adams and Mark Thompson notified Holt by letter on Sept. 18 they would no longer pay Adair County's portion of his salary or benefits effective Oct. 1. The commissioners have also refused to issue payments to Learning Opportunities/Quality Works ($400), All Seasons Kitchen Exhaust Cleaning ($400) and Altorfer Inc. ($1,108.23), for services at the Bruce Normile Juvenile Justice Center, and to Jackson Electric ($160) for work at the Adair County Courthouse.

Steele's order states those payments must have been made and Holt's status restored by Tuesday at 5 p.m., or "each [of the commissioners] will be subject to all available remedies for its enforcement, including contempt of this Court, which could result in an order of confinement until the contempt is purged by full compliance with this Order and Judgment."

The commissioners responded by filing a writ of prohibition against Steele, requesting the Western District Court vacate Steele's order and prohibit him from further action in the matter, stating in the filing Steele acted "in excess of his jurisdiction, and abused his discretion…" in arguing he denied them due process because of lack of notice of the order or a chance to argue against it in circuit court.

In his filing, Steele says the Second Judicial Circuit budget was submitted and "approved, without any changes, by each County Commission," referring to the commissions in Adair, Knox and Lewis counties. He wrote that the counties have an agreement to pay portions of the expenses for the Bruce Normile Juvenile Justice Center, which serves as a facility for juvenile offenders in the Second Circuit.

Steele wrote that all submitted expenses are within the amounts approved in the court's budget.

Holt has been in his current position since Oct. 5, 2005 and his pay, benefits and related Bruce Normile expenses had previously been processed through the commission without issue.

"The County Commission has no authority to limit or control the expenditure of funds appropriated for the Second Judicial Circuit or to refuse to honor or pay warrants for any appropriated expenditure that is within the limits and for the purposes approved in the appropriation order," Steele's filing says.

"[Their] actions…are contrary to the constitutional and statutory authority of the Presiding Circuit Judge of the Second Judicial Circuit and are, therefore, unlawful, and represent an unconstitutional effort of the executive branch of government to control the operation of the judiciary, a separate and equal branch of government."

In their filing, the commissioners argue Steele provided no notice for the filing and cannot himself file such an order as an officer of the court because he is also the person who incurred the expenses. They argue the writ is the only means they have to counter Steele's order.

Steele said Wednesday that court rules prevented him from commenting on pending cases.

A message left at the Adair County Commission was not returned as of press time.

According to case.net, the Court of Appeals has not issued a ruling as of Wednesday morning.